The URL can be used to link to this page

Home My WebLink About#3819 variance-1996 �y.. ��Ll t � O� • O O �e- - CITY of ORONO � � � . ti � �� G'�' . RESOLUTION OF THE CITY COUNCIL � L�kESH�g'� NO. .`� a.`�. �. � '�4 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 � FILE NO. 2191 WHEREAS, Walter R. Wittmer and Sharon K. Wittmer (hereinafter "the applicants") are owners of the property located at 2780 Shadywood Road within the City of Orono (hereinafter "the City") and legally described as follows: � Tract B, Registered Land Survey No. 1196, Hennepin County, Minnesota (hereinafter "the property"); and , W�REAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit construction of a 12' x 24' two level single stall garage addition at the northwest corner of the residence resulting in 4,603 s.f. or 29% • hardcover within the 75-250' setback area where the code would allow 25%; hardcover exists at 4,995 s.f. or 31.4%. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2191. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District requiring one acre in area. 3. The Orono Planning Commission reviewed this application on November 18, 1996 and recommended unanimous approval of the variance as proposed based upon the following unique findings and hardships: A. Structural coverage is proposed at 9% where the code would allow 15%. � B. No other variances are required for this improvement. • Page 1 of 5 - � 9 � O� • O O ��b. - CITY o� ORONO � � ti ��L ��'�' RESOLUTION OF THE CITY COUNCIL � �k'ESH�g' NO. s`3 � �. � �_� C. Hardcover is proposed at 29% within the 75-250' setback area where 31.4% exists resulting in a hardcover decrease of 392 s.f. or 2.4%. D. Hardcover in the 0-75' setback area is proposed at 66 s.f, or 0.7% where 953 s.f. or 9.98% exists. E. 1,929 s.f. of a shared easement drive area has been deducted from the 75-250' setback area having additional impact on allowed hardcover. F. The City has received no negative comments from the property owners notified of this review. G. 9,550 s.f. of lakeshore yard consists of flat grassed yard area allowing for treatment of runoff before entering lake. . • 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit construction of a 12' x 24' two level single stall garage and grants a 4% hardcover variance within the 75-250' setback area, subject to the following conditions: Page 2 of 5 • . . , , � O ' V • O O �b. - CITY of ORONO � � � ti � �'�' RESOLUTION OF THE CITY COUNCiI � L�kESHOg'� NO. c� �S 1 � 1. All hardcover improvements scheduled for removal as shown on Page 5 of this resoiution shall be completed prior to the footing inspection for the new construction. � 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building pernut within one year of the date of Council approval, or this variance will expire on that date (December 9, 1997). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. ,The undersigned applicants have read, understood and hereby agree to the terms • of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. . Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of December, 1996. AT ST: ; _ � • � /� Dorothy M. al �n, City Clerk Edward J. Cal�an, Jr., Mayor � . - J ��.��,� Property Owner (s) • Page 3 of 5 , � � O ' Y � O O �n� - CITY of ORONO � � �� G'�'� RESOLUTION OF THE CITY COUNCIL � �kESH�g' NO. -e`� � 1 9 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of December, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ' . .�•• JAMIE L.BOSMA . �� =" �` �� NOTARY PUBLIC-MINNESOTA '," :f/: HENNEPIN COUNTY Nota bI1C ��MM�� My Commission Expires Jan.31,2000 . rY STATE OF MINNESOTA ) ) ss. � � COUNTY OF HENNEPIN ) On this �_�day of 199� before me a Notary Public within and for said county, personally appeared ' known to me to be the person(s) described in and w o executed the �foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. :,,r, JAMIE L.BOSMA � • NOTARY PUBLIC-MINNESOTA � " � � HENNEPIN COUNTY ' NOTAR PUBLIC `��•�'°� My Commission Expires Jan,31,200p . ' STATE OF MINNESOTA ) , ) ss. COUNTY OF HENNEPIN ) � On this � day of ��, /�� , 199 '7 before me a Notary Public within and for said county, personally appeared �fi� �-�P v �. �)i-�r�„�r,�a rr j�� l:nown to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ° ` CAROLEAHASEMAN Q�`i�"�� -�. -�� 4 - r�• NOTAAYPUB�l�-MINNESOTA NOTARY PUBLIG:> • � �r�� • ,,�.:,.• H�uroE�N caur,rr My Canmission Explres Jan.31,2nOp • Page 4 of 5 , �_ . .� � - . . `. .� .� � . : M i.N.��.�.-� �o�� K A � . . L P� K� � � . , . . . • �''��' ._�—� � r'� �wmo � ... '� 819 , i . .�;P� , . .�... . . . . , � . , � � � . .il`�+�N � � � � ��— � R��3i!M ,�� _--—" _ _- p,,F�s6'tt�CK.��4J6��--�•-- . . I ._.�- . __—� — __�--� ....— .� I - ' ,1.. � 7a�� I � 9`XF�aa1G�-�,g �x YSei91i�DF-r.�c��'� I_. . I . (FaW��`�°��'�` i� ' I • PtGt�Tot�A��• �; :. - - �- - I ►�`r?,�`'�j -"-:` � �__._--'--�' '�.�—f' •��.t:. , � I . I � T�n"� � � .\\ �Xl�tlhlcT �}aJ�� I ; . � r � • Ex�Ny I . �I � � `� : . ��' � . m . , _ � � . .. . . .�; .. �C `--�� r � I � � � . a� �� 811�� . i _ , ��ueN�Y. i, �.�Y ,-Gn�D�s � � . �� I� �.. � � . � . .� i . : :��' IY �°� ; .. �., � . � � � � � I� � �� . � . . � _ � .. :. . ... .� � . . �. . o �__:.(.._ i . ' � I ' . �- •--.._ -•• �� .I . - . .� . ..1—— — — — ' � : :. • j_ ' . : • .• . ... .. � . —_J��-. .�'��- ., — _-- --.-- __ }-�--rs ; ��I�I ,�� :::,:: . �� .. . . . - � . . sr>.t;� � `� . . . • , . � . � � . . . �--. . • ' ' ---- ... . � . � �. � � � .. . � . - ' � . ..�. . : � � . .. .. � � . � ' � : . . � : .. . . � � �� . . . �. �. �. .:: . � . . . : W . :�:,.� � . ; . .. . , � �� 2q.�% � - � � �._ .I . � �.�. . . � � . r � , . � . . . � . . � . -- . . � WP�Y< � � �:�: � � � ;,: .4�° ;� M.TY.. .� o.�� • �o:� �f=� . � . .. : . � . � : � � : , .